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What Types of Damages Can I Recover in a Personal Injury Lawsuit?

What Types of Damages Can I Recover in a Personal Injury Lawsuit?

When the fault of another person leads to your injury, one of the most important things is ensuring that you get the compensation that you deserve. Whether you are harmed in a car or truck accident, a slip and fall, an accident involving a defective product, or another accident type, if another’s negligence caused your injuries, then you have the right to seek damages for your losses. The following considers the types of damages that you may seek in a personal injury lawsuit in New Mexico, as well as damages caps.


Special, economic or compensatory damages are those damages that are quantifiable, and that refer to actual monetary losses. In a personal injury lawsuit in New Mexico, there is no cap on the amount of economic damages that you can be awarded. Types of economic damages that you may seek include compensation for:

● Past and future medical expenses. You may seek damages for the full value of your medical expenses, including past and future medical expenses related to your injury. Medical expenses include all costs for medications, tests, doctors’ visits, surgeries, therapy, home health care, and more. It is also important for you to know that medical bills paid by your own insurance company are still recoverable against the wrong-doer under a legal doctrine called the collateral source rule.

● Past and future lost wages. Injuries are sometimes severe enough that they prevent the injured person from being able to return to work immediately, or sometimes at all. If this is the case for you, then you can seek the full value of any wages that you lost, and will lose in the future, because of your injury. You can also seek compensation for the value of lost benefits, such as health benefits, a 401(k), future bonuses, etc.

● Property damage. If any property of yours was damaged during the accident, such as your vehicle, you can seek the full value of this expense.


New Mexico courts also allow personal injury victims to seek compensation for noneconomic damages, or those damages that are intangible. This includes compensation for:

● Pain and suffering. Injuries are painful, and often lead to physical suffering. While this damage type may be difficult to calculate, you are entitled to compensation for this loss.

● Emotional distress. Injuries can be emotional as well as physical, and may even lead to psychological conditions like depression. You have the right to seek compensation for the value of your emotional distress normally as a component of your claim for pain and suffering.

● Permanent impairment, disfigurement, and other noneconomic losses. You also have the right to seek compensation for any permanent impairment or disfigurement you have incurred, as well as other noneconomic losses, such as the loss of consortium or enjoyment of life.


In a standard personal injury lawsuit, there are no caps on the amount of damages that you can recover. In fact, caps on damages are only implemented in two cases: Claims against the government and medical malpractice claims.

If you are seeking recovering in a claim against the government, your noneconomic damages will be capped at $400,000. For medical malpractice claims, both economic and noneconomic damages are capped at $600,000, excluding compensation for medical expenses and punitive damages.


At the Law Offices of Allan L. Wainwright, we are committed to helping you recover your maximum damages award. To learn more about how we can help you during a personal injury lawsuit, contact our law offices today at 888-313-7452 or wainwrightinjurylaw.com for a free consultation.